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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

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Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

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Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

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Karnataka High Court Dismisses Winding Up Petition by Ex-Director Against Company for Disputed Interest Claim. Company Petition under Section 433(e) of Companies Act, 1956 dismissed as debt was bona fide disputed and no written agreement for interest existed.

The petitioner, Mr J R Srinivasa, an ex-director of the respondent company Sree Gururaja Enterprises Pvt Ltd, filed a winding up petition under Sectio...

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Bombay High Court Dismisses Petition by Legal Heir Challenging Recovery of Fine and Compensation Imposed on Deceased Accused in Cheque Dishonour Case. Liability to Pay Fine and Compensation Survives Death of Offender Under Section 70 IPC and Can Be Recovered from Inherited Property.

The petitioner, Smt. Shamim Saifuddin Sarkhot, challenged an order dated 19.12.2015 passed by the Judicial Magistrate First Class, Shrivardhan, direct...

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Bombay High Court Quashes Ex-Parte Award Passed Against Deceased Proprietor Due to Improper Service on Wrong Legal Heir. Service of Notice on Non-Existent Person Invalidates Ex-Parte Proceedings and Award.

The petitioner, Ashish Arunkumar Kejriwal, filed a writ petition challenging an order of the Industrial Court that rejected his application to set asi...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...